Silva
People v. Silva
Opinion
lead Opinion
Finch, J.
The defendants were jointly charged with an unlawful sale of intoxicating liquor. They were jointly tried and were convicted. This appeal is from the judgments of conviction and the orders denying their motions for new trials.
The indictment charges that the defendants sold "a certain amount of intoxicating liquor for beverage purposes, and not for sacramental or medicinal purposes, the said intoxicating liquor then and there containing more than one-half of one per cent of alcohol by volume.” The defendants demurred to the indictment on the grounds that it does not substantially conform to the requirements of sections 950, 951 and 952 of the Penal Code, that it does not state a public offense and "that more than one offense is charged.” Appellants contend that the indictment is defective in that the defendants "were entitled to know what class or bind or amount of intoxicating liquor they were charged with selling.” The indictment substantially follows the language of the statute and is sufficient. (Matter of Application of Anixter, 166 Cal. 762 [ 138 Pac. 353 ]; People v. Johnson, 63 Cal. App. 178 [ 218 Pac. 449 ]; People v. Bassetti, 58 Cal. App. 390 [ 208 Pac. 696 ]; Massey…